Trial delayed, interpreter sought in motorcyclist's death

Friday

May 9, 2014 at 10:02 AM

By Gary V. Murray TELEGRAM & GAZETTE STAFF

WORCESTER — The trial of a Milford man charged in the 2011 motor vehicle death of a 23-year-old motorcyclist has been put off until at least Monday while court officials look into the availability of a Quechua interpreter to assist the defendant.

Nicolas Dutan Guaman, a 37-year-old native of Ecuador living in the U.S. illegally, is charged with second-degree murder, manslaughter by motor vehicle, motor vehicle homicide while driving negligently and under the influence of alcohol and other offenses arising from an Aug. 20, 2011, accident in Milford that claimed the life of Matthew Denice of Milford.

Mr. Dutan Guaman allegedly ran a stop sign in his pickup truck and struck Mr. Denice's motorcycle, dragging him to his death. He has pleaded not guilty.

His jury-waived trial was to have begun Wednesday in Worcester Superior Court, but has been postponed until at least Monday.

While questioning Mr. Dutan Guaman Wednesday to ensure his waiver of his right to a jury trial was knowing and voluntary, Judge David Ricciardone, who speaks Spanish, came to realize that the interpreter who was assisting the defendant was speaking to him in Spanish and not Quechua, his primary language. The interpreter, Frank Geoffrion, explained to the judge that he and Mr. Dutan Guaman, whom he described as bilingual, both spoke a dialect of Spanish that is spoken in the Andes and were able to understand one another.

Mr. Geoffrion said he also had some familiarity with the Quechua language. Under questioning by the judge, Mr. Dutan Guaman said he learned Spanish at an early age and had no difficulty understanding what Mr. Geoffrion was saying to him as long as he spoke slowly.

Judge Ricciardone directed the court clerk's office to look into the availability of a Quechua interpreter to assist Mr. Dutan Guaman and to report its findings to him Monday. He said he was not ruling out the possibility of using Mr. Geoffrion as an interpreter for Mr. Dutan Guaman during the trial if a certified Quechua interpreter could not be found.

Judge Janet Kenton-Walker found Mr. Dutan Guaman incompetent to stand trial last year after determining that his "unique cultural background" and Quechua dialect prevented him from fully understanding the charges against him, the court process and the roles of court personnel and interfered with his ability to have meaningful discussions with his lawyers.

Mr. Dutan Guaman was later deemed competent after undergoing an educational process with the assistance of a Quechua interpreter.